Are Companies Liable After Failing to Maintain Vessels?
The American offshore industry is no stranger to aging vessels and platforms. According to the International Maritime Organization (IMO), the average age of cargo vessels worldwide is more than 20 years, and more than 1,500 platforms in the Gulf of America are over 30 years old. With commercial maritime and offshore oil and gas production demands showing no signs of slowing, it’s fair to assume that many older vessels and platforms will be at sea—and in commission—for longer than they should be.
Aging vessels present economic challenges for maritime companies in terms of maintenance, upgrades, and retirement—and they pose serious risks for workers. Hull corrosion, mechanical failure, and a lack of modern safety features and technology can not only increase the risk of incidents like collisions or losses at sea, but they can also compound the consequences of such incidents.
Ultimately, owners and operators are legally responsible for maintaining seaworthy vessels, no matter their age or number of years in service. If they fail to uphold this responsibility and push aging vessels to the breaking point, their crews pay the price.
El Faro: Tragedy on a Poorly Maintained Vessel
El Faro was a 40-year-old cargo vessel that was lost—along with her entire crew of 33—in Hurricane Joaquin on October 1, 2015.
Owned by TOTE Maritime, El Faro departed Jacksonville, Florida, on September 29 at 8:10 p.m., bound for San Juan, Puerto Rico. Joaquin was still a tropical storm at the time, although meteorologists at the National Weather Center anticipated it would turn into a Category 1 hurricane by October 1. El Faro was supposed to avoid the storm by staying south of it, but the vessel deviated course and headed straight into Joaquin’s path.
Joaquin intensified quickly. By 11:00 p.m. on September 30, the storm had become a Category 3 hurricane. The vessel’s last position, recorded at 7:56 a.m. on October 1, was within Hurricane Joaquin’s eyewall—the most dangerous part of a storm.
After an investigation that lasted just over two years, the National Transportation Safety Board (NTSB) released a report that detailed exactly what led to the loss of El Faro. “Inadequate company oversight” and “ineffective bridge management” by TOTE, decisions made by the captain that “put his vessel and crew at risk,” and lack of a proper “safety management system” were all contributing factors, but so was the seaworthiness of the vessel.
El Faro should not have steamed into Joaquin’s path in the first place, but the vessel ultimately sank because of “flooding in a cargo hold from an undetected open watertight scuttle and damaged seawater piping; loss of propulsion due to low lube oil pressure to the main engine resulting from a sustained list; and subsequent down flooding through unsecured ventilation closures to the cargo holds.”
In addition to criticisms about the ship’s mechanical condition, the NTSB found that it had a “lack of suitable survival craft.” Built in 1975, El Faro was carrying only open lifeboats instead of Totally Enclosed Motor Propelled Survival Crafts (TEMPSCs), which have been mandatory on vessels since 1983.
The vessel wasn’t only old—it was poorly maintained.
El Faro and her crew did not stand a chance.
Maintenance Responsibilities of Shipowners
A shipowner’s legal duty to maintain a seaworthy vessel is one of the oldest and most fundamental obligations under maritime law. This responsibility extends beyond regular upkeep—particularly considering the average age of today’s cargo ships and offshore platforms. Owners and operators must ensure every system, structure, and safety feature is capable of supporting a safe voyage or operations for its crew.
Routine maintenance, inspections, and timely repairs are critical. This includes addressing hull integrity, propulsion systems, watertight doors, electrical wiring, and safety gear like lifeboats and emergency beacons.
As vessels age, maintenance must not only keep pace but also increase in scope to address the greater likelihood of corrosion, fatigue, and mechanical failures. Retrofitting older vessels to meet modern safety standards is often necessary, especially when regulations evolve.
When shipowners neglect these duties, they put their crews in jeopardy. No matter how old a vessel is or how long it has served, it must be maintained to the highest standard. Anything less is unacceptable—and unlawful.
And in the case of El Faro, it led to one of the deadliest maritime disasters in history.
Rights of Injured Seamen
Seamen injured due to poor vessel maintenance have powerful legal rights under maritime law. One of the most important of these is the right to pursue a Jones Act claim against their employer. The Jones Act requires vessel owners to provide a seaworthy vessel, and if they fail to do so—due to negligent maintenance or oversight—they can be held legally and financially responsible for the injuries that result.
In addition to the Jones Act, seamen may also have claims under general maritime law, including the doctrine of unseaworthiness and the right to maintenance and cure. These laws protect seamen even if the injury wasn’t caused by a specific act of negligence but rather by the vessel’s overall unsafe condition. That includes rusted walkways, failing engines, or outdated safety systems that should have been modernized years ago.
Arnold & Itkin Fights for the Rights of Maritime Workers
Ultimately, employers are responsible for making sure a vessel is seaworthy through proper maintenance. In the case of El Faro, a combination of bad decisions, poor maintenance, and inadequate safety features meant that the cargo ship wasn’t just incapable of handling a severe storm—it was so unsafe that it shouldn’t have been in operation.
Arnold & Itkin represented three widows whose husbands were lost when El Faro sank. We fought to hold the company accountable, help our clients secure justice, and remind other vessel owners that proper maintenance should never be ignored. If you're suffering from an offshore injury, we're ready to fight for the answers you need to move forward.
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